ML20137K438

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Provides Draft Policy & Guidance Directive Re Issuance of Licenses for Terms Less than Ten Years W/Suggested Changes
ML20137K438
Person / Time
Issue date: 04/02/1997
From: Joseph Holonich
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To: Camper L
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
References
REF-WM-3 NUDOCS 9704070030
Download: ML20137K438 (3)


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April 2, 1997 MEMORANDUM T0:

Larry W. Camper, Chief, IMNS/NMSS FROM:

Joseph J. Holonich, Chief, URB \\DWM/NMSS (Original signed by)

SUBJECT:

DRAFT POLICY AND GUIDANCE DIRECTIVE: XX-XX ISSUANCE OF LICENSES FOR TERMS LESS THAN TEN YEARS As IMNS requested by memo dated March 20, 1996, DWM staff have reviewed the subject document to determine whether it provides adequate licensing guidance for a DWM license reviewer on when to issue a license for less than 10 years.

DWM staff believe that the guidance is essentially adequate. However, we have noted a few suggested changes on the attached copy of the draft Directive that we believe would facilitate use of the guidance for our license reviewers.

In addition, in developing your Directive, please be advised that, with regard to financial assurance for licensed facilities, on March 18, 1997, the staff recommended to the Commission that guidance in both inspection procedures and licensing review documents should be revised to include license conditions l.

requiring materials licensees to revise their Decommissioning Fund Plans at intervals no longer than five years. This provision does not apply to uranium recovery facilities which are required by regulation to update their sureties annually. The Policy and Guidance Directive should include this commitment.

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Attachment:

As stated

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cc:

C. Haney, IMNS/NMSS 2

ll CONTACT: Janet Lambert, DWM/NMSS 415-6710 J

Ticket: DWM-097

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DRAFT MEMORANDUM 70-inose cn the Att1cred t !st FROM:

Donald A. Cool. Director Division of Industrial and

%1cel Nuclear Safety. NMSS

SUBJECT:

DRAFT POLICY AND GUIDANCE DIRECTIVE XX-XX:

ISSUANCE Of LICENSES FOR TERMS LESS THAN TEN YEARS The purpose of this directive is to provide guidance for decisions on materials licenses to be issued for terms af less than ten years.

BACKGROUND In a staff requirements memo dated January 24. 1997. the Commission approved the staff's recommendation in SECY 96-252 to e.stend the terms for licenses issued under Parts 30. 40. and 70 from five to ten years.

The Commission also explicitly approved the use of license terms shorter than ten years on a case-This guldance will not apply to medical licensees, until the specific basis.

five-year term is deleted from 10 CFR Part 35. %~ a M r~. # " " ^ # ' F '> "

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.1 GUIDANCE CA- ~ 'h C4 "-

When issuing new licenses or renewing existing licenses, reviewers should consider license terms of less than ten years for the following types of Cases:

1.

The industry. or the particular licensee, or NRC,has not had extensive g s experience in using or regulating the proposed use of the material. 4n gh thwcue. the NRC may want to revisit the specifig,nditions and requirements associated with new technologies [i U mofe d mely manner.

Possible candidates include new license categories for Department of Energy activities converted to commercial faciiities.

Recent and current examples in the medical area include the gamma knife, emerging t hnologies for brachytherapy used for cardiovascular therapy, and new uses for radiopharmaceuticals CONTACT:

Cathy Haney. IMNS (301) 415-6825 (CXH)

DRAFT a.uc ment

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DRAFr l

i Multiple Addressees 1

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Licensees anose enforcement history inalcates tnat the licensing statt may ne to review their programs n less than ten years.

These would include licensees v.ho have been subject to escalated enforcement action i

or numerous enforcement actions.

3.

Any other situation that 'vould warrant increased attention on a case-specific basis.

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In all such cases, revi%ers should consult with NMSS by phone or e-mall.

If extensive consultation is necessary, the reviewer should send NMSS a Technical Assistance Request.

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